Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Neither any representation U.O.15.R.5(2) CPC was filed within stipulated time nor any material placed on record by defendants to make out a case for not striking off defence - No material on record that rent amount was paid to plaintiffs by defendants - There is only oral averment..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is duty bound to provide maintenance to his wife even if it is presumed that husband has no income from his job or from rent of Maruti Van - Maintenance rightly granted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Senior citizen - Maintenance - Petitioner 75 years old widow and not able to maintain herself - Old age pension received by petitioner was not sufficient to meet the expenses on food, clothes, medicines and house rent - It was moral duty of respondent being son of petitioner to provide..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Relationship between parties of landlord and tenant not in dispute - Plaintiff had issued the notice demanding vacant possession of tenanted premises and payment of arrears of house rent within 15 days - Defendants has chosen not to contest the suit by leading evidence in counter - Courts..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Eviction petition - Petition does not disclose any relationship of landlord and tenant - Petitioners not having consent of other co-sharers who claim that petitioners have no right in the petition premises - More so, in the absence of even a semblance of right to be entitled to rent, petitioners..........
Rent and Eviction -- Bona fide requirement - Death of landlord during pendency of eviction proceedings - Remand of case on the ground that on death of landlord during pendency of eviction proceedings his heirs had to demonstrate afresh, the bona fide requirement of leased land - Crucial date for deciding the bona fides of requirement of landlord is the date of his..........
Rent and Eviction -- Limitation Act - Generally applicable to proceedings under Tenancy Act - However, if there is lesser time period specified as limitation in the Rent Act then provisions of Limitation Act cannot be used to expand the same. (Limitation Act, 1963 and West Bengal Premises Tenancy Act, 1997, S.40)...........
Rent and Eviction -- Tenancy Acts provide for certain protections to the tenants beyond the contractual rights - Thus, provisions of Rent Act must be strictly adhered to...........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrears of rent - Defendant directed to deposit the rental arrears failing which he will lose opportunity of defending the case - Order of trial Court, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an order for recovery of possession u/s 13-B of the Act...........
